the next prescribed Fast by those in power might be only this which God here requires and that it might be so sincerely really effectually performed by the Prescribers of it that God himself and all the three Nations may joyntly attest of them That they are just ruling in the fear of God On Tuesday the 26 of September last 1654. there was this Ticket left at my house at Swainswick directed to no particular person named in it or indorsed on it You are to appear at the Grey-hound in Bath on Tuesday next by ten of the Clock in the fore-noon to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR AND TO PAY THE DVTY OF EXCISE FOR THE SAME 25 September 1654. Thomas Peeres Sub-collector Hereupon repairing to the Lecture at Bath the next morning and carrying with mee this Ticket and such Parliamentary Judgments and Declarations against Excise as are hereafter specified which I drew up in writing as here I present them to the publique I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept before the Sermon began who repairing to me thither I shewed him the Ticket in a friendly manner which he owned and then informed him it was erronious and voyd in Law because directed to no particular person by name in respect of form which he confessed saying it was his mans mistake who had order to set the parties names to every severall Ticket he delivered at their houses I acquainted him that this being but a circumstance the end why I sent for him was to be satisfied by him touching the substance of his Warrant and that was to make entry of what quantity of Hops I had growing this present year and to pay the Duty of Excise for them For although I was a Lawyer and knew what Duties were by Law to be paid by my self and others yet I neither knew nor understood that EXCISE in generall much less for Hops in speciall was a duty and seeing I had many Judgements and Declarations of Parliament against it as an illegall execrable innovation and damning it for ever as such I could neither in prudence nor conscience pay it as a DVTY till hee could make it appear to mee by some true reall Act of Parliament to be so desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee To which he answered that he had nothing else to shew for or claim it by but a late Ordinance of the Protector and his Counsell at White-hall continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased To which I replied that I conceived that this would bee his answer which was no satisfaction at all to me for I was certain that by the fundamentall Laws and Statutes of the Realm and the resolutions of our Parliaments in all Ages no King of England nor his Councel-Table could ever in any age make binding Laws or impose any Tax Tallage Impost Custom Tunnage or Poundage much less Excise a stranger to our Ancestors on the Free-men of England but only a true and legal English Parliament and therefore those who condemned suppressed the late King and his extravagant Councel-Table as Tyrannicall and oppressive to the People could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves as to impose such Taxes as these on the whole Realm an inseparable Prerogative of our Parliaments alone as hath been resolved over and over in all ages by the * Laws of King Edward the Confessor ratified by William the Conquerour himself and by all our Kings since by a special clause in the very Coronation Oaths Lex 55. 56. 58. the great Charters of King John and Henry the third c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right 3. Car. The Statute against Ship-mony Knighthood Customs 16. Caroli and all the statutes concerning Customs Tunnage Poundage and Purveyors in all our Kings reigns all unanimously resolving That no Tax Tallage Subsidy Ayd Loan Custom Impost Tunnage Poundage or any other payment or duty whatsoever can be imposed on or leavied from the Subject in times of War or Peace upon any pretext or necessity but only by common grant and consent of the Lords and Commons in Parliament and so resolved over and over in the Parliament of 7. 21. Jacobi and of 3. 4. 16. Caroli by many now in power And to satisfie him in point of EXCISE the thing in question I would shew him some late Judgements and Declarations of Parliament against it which I presumed would satisfactorily convince him that it was no Duty but an intollerable Oppression and detestable Innovation whereupon I read unto him these ensuing Judgements and Declarations against it 1 I shewed him that Excise was altogether a stranger and thing utterly unknown to our Fore-fathers the Name and thing being never found in any Histories or Records of former Ages in this Island The first attempt we ever finde upon Record to usher it into and set it on foot in England was in the third year of our beheaded King Charls his reign who by the advice of the Duke of Buckingham and some other evil Counsellours * granted a Commission under the Great Seal of England dated the last day of February 3. Caroli called THE COMMISSION OF EXCIZE issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL The Commissioners were thereby authorised and commanded to raise Monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should find most convenient the causes wherefore these Monies were to be raised were expressed to be these THE DEFENCE AND SAFETY OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies beyond the Seas which WITHOVT EXTREMEST HAZARD OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies can admit of no longer delay INEVITABLE NECESSITY wherein form circumstance must rather be dispenced withall than the substance lost the Commissioners must be diligent in the service and not fail therein as they tender his Majesties Honor and THE SAFETY OF THE KING AND PEOPLE Here Salus Regni periclibatur the whole Kingdom was declared to be in danger in greater and nearer danger then any now appearing In the Parliament of 3. Caroli the House of Commons having notice given them of this Commission sent for it and upon debate thereof without any one dissenting voyce Voted and adjudged it TO BE AGAINST LAW and CONTRARY TO THE PETITION OF
EXCISES and other illegall Taxes Wee must not rob Peter to pay Paul much less the whole Nation to pay a few rich Vsurers who have most of them gotten great Estates by publike Brocage and making the whole Nations purse and faith their security and morgage who never really made any contract with them for any loan of monies taken up upon their credit nor entrusted any others with such a power to make them their endless Debtors and pay-masters til doomes-day 4 As the whole House of Commons severally so it and the House of Lords too joyntly after this in their second Declaration against Commission of Array 12 Jan 1642 Printed and published by it self first and after in exact collection page 884 885. by their speciall Order recite approve ratify and insist on the forecited Judgement given against the Commission of Excise 3. Caroli Where thus they declare which I likewise read Wee shall further clear this our seuse of the Petition of RIGHT that it did intend TO TAKE AWAY ALL CHARGES OF WHAT NATURE SOEVER TO BE IMPOSED ON THE SUBJECTS BY THE KING ALTHOUGH FOR DEFENCE OF THE KINGDOME IN TIMES OF DANGER by Authorities beyond all exceptions c. By the JUDGEMENT OF THE KING THE LORDS and COMMONS after the Petition passed There was a Commission questioned IN PARLIAMENT called THE COMMISSION OF EXCISE c. reciting the effect and ground of it in the words aforementioned and THE NECESSITY SO INEVITABLE that form and circumstance must rather be dispenced with than substance lost c. In that Parliament of 3 Carolt this COMMISSION WAS RESOLVED BY THE LORDS and COMMONS TO BE AGAINST LAW and CONTRARY TO THE PETITION OF RIGHT and upon the Lords desire to his Majesty the same was Cancelled in his Majesties presence by his command and was brought Cancelled to the House of Lords by the then Lord keeper and by them afterwards sent to the Commons By all that hath been said it appeares THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER IS NO SVFFICIENT CAVSE TO LAY ANY TAX OR CHARGE VPON THE SUBIECTS WITHOVT THEIR CONSENT IN PARLIAMENT which they further prove by the Act then newly passed against Ship many How any who were parties to this Declaration as some in present power were or any Patrons or Protectors of the Lawes Liberties properties of the Subject or privileges of Parliament can since this or now impose or justify the laying of Excise or any other Impost Tax or Tallage whatsoever upon the people out of Parliament by any White-hall Order upon pretext of any Imminent danger or necessity against this Declaration and resolution or any under Officers of theirs exact Excise from me or any other English freeman by their un-parliamentary papers transcends my understanding to conceive Thirdly It is Declared and Enacted by severall Printed Acts of Parliament made by both Houses and * assented to by the King himself 16 17 Caroli That no Custome Impost Tunnage or Poundage is due or can be imposed on any Goods or Marchandize imported or exported without AN ACT OF PARLIAMENT and that all such persons who shall exact or receive the same without an Act of Parliament and grant and consent both OF THE LORDS and COMMONS IN PARLIAMENT SHALL INCURRE THE FORFEITURE and PENALTY OF A PRAEMUNIRE This Impost of Excise on Hops and other Merchandize falls within the generall compasse of these Acts And therefore I advised the Excize-man with all Customers and other Officers to take heed how they demand or take Excize or any other Imposts Customs Tunnage or Poundage by colour of a White-hall or any other Ordinance not made by both House of Parliament and setled by a real Act of Parliament lest they incur the penalty of a Premunire and smart for it in conclusion as some of the late Kings Officers did if ever Law Justice or true English Parliaments come to take place again in the Nation as no doubt they will in Gods due time when such illegal paper Ordinances or feigned spurious Acts of * illegal Parliaments will be no Plea to excuse or extenuate their crimes Fourthly After the late Kings beheading the Army Officers and other Commoners who continued sitting at Westminster without the Majority of the secured and secluded Members or House of Lords and arrogated to themselves beyond all former Presidents the Name and Title of the Parliament of England in their Declaration of the 17. Martii 1648. expressing the grounds of their late proceedings against the King and setling the present Government in the way of a Free State p. 7 c. which I read to the Excize-man charged the King as out-going all his Predecessors in evil in that after the Loans and other Oppressions which produced that MOST EXCELLENT LAW OF THE PETITION OF RIGHT most of them were again acted presently after the Law made against them which was palpably broken by him almost in every part of it very soon after his solemn consent given unto it BY HIS IMPRISONING and PROSECUTION OF MEMBERS OF PARLIAMENT for opposing his unlawfull will and of divers worthy Merchants FOR REFUSING TO PAY TUNNAGE and POVNDAGE BECAUSE NOT GRANTED BY PARLIAMENT yet EXACTED BY HIM EXPRESLY AGAINST LAW and punishment of many good Patriots for not submitting to what soever he pleased to demand though NEVER SO MUCH IN BREACH OF THE KNOWN LAW His design to bring in the German Horse TO AWE US INTO SLAVERY and his hopes of compleating his Grand Project of * SHIP-MONY TO SUBJECT EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED TO IMPOSE UPON THEM BUT ABOVE ALL THE ENGLISH * ARMY was laboured by the King TO BE ENGAGED AGAINST THE ENGLISH PARLIAMENT a thing of THAT STRANGE IMPIETY and UNNATURALNES for THE KING OF ENGLAND that nothing can answer it but his own being a Foreiner neither could it easily have purchased belief but by his succeeding visible actions in full pursuance of the same As the * Kings coming in Person to the House of Commons to seize the five Members whither he was followed with * some hundreds of unworthy debauched persons armed with Swords and Pistols and other Arms and they attending at the door of the House ready to execute whatsoever the Leader should command them but yet secured secluded or offered violence to none nor ever entred the House as the Souldiers did both before and since Upon all these and many other unparralleld Offences upon his breach of Faith Oaths and Protestations and let all the world of indifferent men judge whether the Parliament so they term themselves HAD NOT SUFFICIENT CAUSE TO BRING THE KING TO JUSTICE It seems strange to me that any of those who thus remonstrated against the late King and justifie the bringing of him to Justice for all and every of those particulars should before and since imitate or exceed him in all and every of those particulars and more especially in the EXCISE so diametrically contrary
to the excellent Law of the Petition of Right as the premises resolve which EXCISE he never exacted or put in execution after the damning of the foresaid Commission And let all the world of indifferent men judge whether the Parliament and people of England have not as just as sufficient cause to bring them to Justice for it as ever they had or pretended to have to bring the King to Justice for the same if Rom. 2 1 2 3. be either good Law or Gospel the rather because they resolve in that Declaration an unaccomptable Officer as the King pretended himself to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government 5 Whereas the Excise man pretended Excise for Hops to be a duty by vertue of a White Hall late Ordinance as he termed it I therupon read unto him the 36 articles of the Government of the Common-wealth of England c. viz That the Laws shall not be altered â—uspended abregated or repealed nor ANY NEW LAW MADE NOR ANY TAX CHARGE OR IMPOSITION LAID UPON THE PEOPLE BUT BY COMMON CONSENT IN PARLIAMENT Save onely as is expressed in the thirtieth Article viz. That the raising of money for defraying the charge of present extraodinary Forces both by Land and Sea in respect of the present Warres SHALL BE BY CONSENT IN PARLIAMENT and NOT OTHERWISE Save onely that the Lord Protector with the consent of the Major part of his Councell for preventing the disorders and dangers which may otherwise fall out both by Sea and Land shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT to raise Money for the purposes aforesaid as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations where it shall be necessary which SHALL BE BINDING IN FORCE untill order shall be taken in Parliament concerning the same And this clause in the oath p. 46. I do swear and promise in the presence of God that I wil not violate or infringe the matters things contained therin but to my power observe the same and cause them to be observed And shal in all other things to the best of my understanding GOVERN THESE NATIONS ACCORDING TO THE LAWS STATUTES and CUSTOMES Now admit this Instrument Saving to be valid and legal yet it limiting the Whitehall power of raising monies and that onely for the Forces by Land and sea in respect of the Warres which are ended till the meeting of their first Parliament and no longer which was past in their accompt 23 dayes before this demand of Excise for Hops as a duty those very articles of the Government discharged me and all others from it by vertue of any Whitehall Power or Ordinance But this saving being contrary to the body of the Articles to all the forementioned Statutes Great Charter Petition of Right Judgements and resolutions of Parliament and destructive to the Priviledges and Rights of Parliaments themselves in whom the Legislative and Tax imposing authority wholly solely and incommunicably resides as all our Parliaments Statutes Law-books Records Histories in all ages have resolved and the body of these two Articles confesse it must needs be void and nugatory to all intents and purposes in all Lawyers and judicious mens Judgements and can give them no legall or reall authority to make binding lawes Ordinances or impose any Taxes imposts or Excises by colour thereof If the Parliament it self by speciall Act of Parliament should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes Acts Ordinances or to impose Taxes on the people or repeal or alter any former Lawes and Statutes with the Kings Royall assent as the Parliament of 21 R. 2. c. 16 17 18 19 20. did yet all such Acts Ordinances Laws Taxes alterations repeals of Lawes would be null and void though ratified by the Kings consent and ought wholly to be revoked reversed voided and undone repealed and adnulled for ever as being IN DEROGATION OF THE STATE OF THE PARLIAMENT TO THE GREAT INCOMODITY OF THE WHOLE REALM and OF PERNICIOUS EXAMPLE and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME as is declared resolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num 26. 48. 66. 70. worthy perusall Much more then must the powers granted to any Person or Persons by this Instrument made out of Parliament by persons yet unknown for the most part to impose any Taxes or make binding Laws and Ordinance be null and void to all intents to oblige our whole three Kingdomes or any one English Fâ—een an or alter repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authorised the King for the time being with the advice of his Councell or the major part of them to set forth Proclamations in some cases onely under such pains and penalties as to him and them should seem necessary which shall be observed AS THOVGH THEY WERE MADE BY ACT OF PARLIAMENT Provided alwayes that this should not be prejudiciall to any Persons Inheritances OFFICES LIBERTIES GOODS CASTLES OR LIFE In the passing of which Acts many liberall words were spoken against Proclamations and a plain Promise as well as proviso made that by authority of the Act for Proclamations NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW as a Stephen Gardiner Bishop of Winchester records and writes in his Letter to THE LORD PROTECTOVR in Edward the sixth his Reign yet this power was held so dangerous that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England and his Councel the least power to make binding Laws and Ordinances or impose Taxes Customes Imposts or Excises in any age nor to act any thing against any statute or the Common-Law much lesse against the Great Charter and Petition of Right And therefore this power granted by this new illegall Instrument to all or any at Whitehall to make binding laws and Ordinances and impose any Taxes Customes Imposts or Excises whatsoever is meerly void null in Law to all intents and all Ordinances Laws Taxes Excises made and imposed by pretext thereof wholly illegall null and ineffectuall to all intents and fit to be so declared by the whole Nation and their Trustees to prevent the dangerous President and consequences of it in future times and the monthly Contributions Excises Imposts Customes imposed by them for sundry Moneths and years yet to come against the very Letter of thirtieth Article as well as of the forecited Acts Declarations and Letter of the Oath therein contained so soon after the taking of it must needs be esteemed and declared void and no wayes to be owned or submitted to as binding valid legall by my self or any others who
RIGHT though only sealed and never put in execution and then desiring a Conference about it with the Lords in the painted hamber whereat I my self was present Sir Edâ—â—rk Cook by the Commons appointment after the Commission read by Mr. Glanval manifesting the illegality strangeness and dangerous consequences of it to the whole Kingdom in an elegant Speecâ— and Argument amongst other express 〈…〉 MONSTRVM HORRENDVM INFOâ—ME Nâ—â—NS descanting upon every one of the words ye blessed be God CVILUMEN ADEMPTUM whose eyes were pulled out by the Commons in Parliament which they hoped their Lordships would second before ever it saw the Sun or was fully brought forth into the world to consume and devour the Nation The Lords hereupon fully and unanimously concurred with the Commons ADJUDGING IT TO BE AGAINST LAW and THE PETITION OF RIGHT and FIT TO BE ETERNALLY DAMNED and upon the Lords request to the King this Commission was cancelled in his Majesties presence by his command and brought cancelled to the Lords House by the then Lord Keeper and by them sent cancelled to the Commons House for their satisfaction who returned it back to the Lords with their thanks for their care and concurrence with them herein Therefore being thus solemnly damned and crushed in the shel by the judgement and unanimous Votes of the Commons Lords and King Charls himself in that Parliament as against the Law of the Land and contrary to the Petition of Right then newly passed in that Parliament it seemed very strange and monstrous to me that any Pretenders to publik Liberty Law Right or any new Governours and Councel-table at White-Hall should presume to revive and actually impose any such illegal damned Impositions and monstrous execrable Excises on the exhausted people now upon the self-same pretexts of publique safety and inevitable necessity The rather because I informed him Secondly That the last Parliament of King Charles about 13 yeares after this first Judgement had in four severall Printed Declarations Remonstrances Votes to which most now in power were Parties and Consenters revived approved ratified and insisted on this primitive sentence of condemnation against Excise as most illegall and detestable 1. In and by the Speech and Declaration of Mr. Oliver St. John his Majesties Solicitor General delivered at a conference of both Houses of Parliament concerning Ship-mony 14 January 1640 published by the Commons Order page 13 15 16 19. I am commanded by the House of Commons saith he to present to your Lordships considerations those things which SATISFIED THE COMMONS First The Commissions for the Peace with the instructions Secondly A COMMISSION CALLED THE COMMISSION OF EXCISE c. This was dated ultimo Febr. 3. Caroli It was dated after the Summons to that Parliament This Commission issued to 33 Lords and others of his Majesties privy Counsell The Commissioners are thereby commanded to raise monies by impositions and otherwise as in their judgements they shall find to be most convenient The causes wherefore these monies are to be raised are exprest to be these The defence and safety of the King and people which without extremest hazard of the King Kingdome and people and of the Kings freinds and Allies beyond Seas can admit no longer delay INEVITABLE NECESSITY wherein forme and circumstance must rather be dispenced withall then the substance lost The Commissioners must be diligent in the service and not faile therein as they tender His Majesties Honour and the safety of the Kingdome and people Here salus Regni periclibatur the whole Kingdome declared to be in danger in greater and nearer then in the opinions the Ship-writs or Judgements in the Chequer In the Parliament of 3. Caroli this Commission was adjudged by the Commons TO BE AGAINST THE LAWS OF THE REALM AND CONTRARY TO THE JVDGEMENT GIVEN IN THE PETION OF RIGHT and after a conference with your Lordships your Lordships desired His Majestie that it might be CANCELLED the then Lord keeper brought it shortly after Cancelled to your Lordships in the House and there said that it was Cancelled in his Majesties presence You sent it Cancelled to the Commons to be reviewed Who afterwards sent it back to your Lordships My Lords wee have not cited these Presidents of that Parliament out of diffidence that your Lordships have forgot them but because other have or that wee distrust your Lordships Justice if you had forgot them for before these were your Lordships concurred in opinion with your worthy Ancestors that first gave them their Noble blood runs in your veines It is now TO CONFIRM YOVR OWN IVDGEMENT AS WELL AS THEIRS in your Lordships brest There ARE NOW THE SAME MAGAZINES AND FOVNTAINES OF HONOVR AND IVSTICE AS WAS THEN THESE IVDGEMENTS AND PROCEEDINGS WERE THE ACTIONS OF BOTH HOVSES the DANGER by the violation IS EQVALL So hee and the Commons then resolved with what face or color of Law and Justice then can any persons revive impose exact or justify this illegall Tax and Excise now especially by a meer extrajudiciall White-hall edict more illegall then that Commission under the great Seal by the Kings and the whole Counsells Order who thus publikely censured the bare designe of imposing it by the King and his Councell-table then by Commission under the great Seal of England which their paper Edict wants 2 In a Remonstrance of the State of the Kingdom 15 December 1641. which I then read to the Excise-man made Printed and published by the whole Commons House of Parliament and some of our present Grandees then Members of it Exact collection page 3. 4. 6. Wherein relating the pressing miseries and calamities the various distempers and disorders which had not only assaulted but even overwhelmed and extinguisht the LIBERTY peace and prosperity of this Kingdom c. The root of all this mischief wee find say they TO BE A MALIGNANT and PERNICIOVS DESIGNE OF SVBVERTING THE FVNDAMENTALL LAWS and PRINCIPLES OF GOVERNMENT upon which the Religion and IVSTICE of this Kingdome are formerly established The Actors and promoters hereof have been 1 THE JESVITED PAPISTS WHO HATE THE LAWS as the obstacle of THAT CHANGE and subversion of Religion which they so much long for c. As in all compounded bodies the operations are qualified according to the predominant Elements so in this mixt party let our late and new puny Statesmen observe it THE JESVITED COVNSELS BEING MOST ACTIVE and PREVAILING may easily bee discovered to HAVE HAD THE GREATEST SWAY in all their determinations and IF THEY BE NOT PREVENTED are likely to DEVOUR THE REST and to turn them INTO THEIR OWN NATURE c. The first effect and evidence of their recovery and STRENGTH was the dissolution of the Parliament at Oxford c. The precipitate Breach with France by taking their ships c. The Peace with Spain c. The charging of the Kingdom with billeted Souldiers in all parts of it and the concomitant design of * German Horse that the Land might either SUBMIT